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Hunter v. Maryland5/8/1990
te, 276 Md. 122, 135, 345 A.2d 830 (1975) (quoting Morris).
The exercise of this right does not imply a consciousness of guilt. In seeking legal advice or representation, the person may well believe himself culpable of some tortious or criminal conduct. But he may just as well believe himself entirely innocent or only partly culpable, or he simply may not know whether his acts or omissions are in violation of law. And if he has some pre-formed belief as to his culpability or innocence, that belief may turn out to be unfounded. Indeed, common human experience would suggest that, absent some special circumstance not evident here, the most likely purpose for seeking legal advice or representation is to find out what one's status and exposure may be. If there is a rational inference to be drawn from the seeking of such advice or representation therefore, it cannot be more than that -- an uncertainty. To draw an inference of consciousness of guilt from the seeking of such advice, then, is both illogical and unwarranted; the fact to be inferred -- the consciousness of guilt -- is not made more probable (or less probable) from the mere seeking of legal advice or representation, and so evidence of the predicate fact is simply irrelevant. On pure evidentiary grounds, it is inadmissible.
Although the other evidence adduced against appellant was surely sufficient to justify his convictions, we cannot say (and the State does not allege) that this error was harmless. The judgments must therefore be reversed.
In light of this conclusion, it is not necessary that we address appellant's second complaint. We note only that (1)
the record does clearly reveal that the prosecutor misrepresented to the jury, we expect innocently, certain testimony by Trooper Prince, but (2) the jury was told by the court that argument of counsel was not evidence and that it was to rely on its own recollection of the evidence.
JUDGMENTS REVERSED; CASE REMANDED TO CIRCUIT COURT FOR QUEEN ANNE'S COUNTY FOR NEW TRIAL; QUEEN ANNE'S COUNTY TO PAY THE COSTS.
Disposition
JUDGMENTS REVERSED; CASE REMANDED TO CIRCUIT COURT FOR QUEEN ANNE'S COUNTY FOR NEW TRIAL; QUEEN ANNE'S COUNTY TO PAY THE COSTS.
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